#DALO OIL COMPANY CODE#

The language on the DUI warrant that referred to Code § 18.2-266(i), allowing convictions based on a blood alcohol concentration of. The prosecutor amended the warrant to reflect a violation of Code § 18.2-266(ii), (iii), or (iv). The DUI warrant originally recited a violation of the Virginia Beach City Code. The preliminary hearing and trial for these charges were held together in general district court on December 9, 1999. 11.Īppellant was charged with involuntary manslaughter under Code § 18.2-36.1(A) 1 and with DUI. A breath test revealed his blood alcohol level was. Appellant admitted he had consumed alcohol that evening. Appellant also smelled of alcohol and could not pass a number of field sobriety tests. When Virginia Beach Police Officer Scott Bishop arrived at the scene, he found appellant's speech was slurred, his eyes were glassy, and he swayed as he stood. Phelan was alive at the scene, but later died from her injuries. On the evening of October 5, 1999, appellant was driving on Shore Drive in the City of Virginia Beach when he struck James Cone and Kathy Phelan, who were walking beside the road. After consideration of the legislative scheme and implicit intentions of the General Assembly, we affirm the involuntary manslaughter conviction. On appeal, he contends this conviction violated the principles of double jeopardy because he also was convicted of driving while under the influence (DUI), in violation of Code § 18.2-266, based on the same evidence. Mario Udasco Dalo (appellant) was convicted in a bench trial of involuntary manslaughter, in violation of Code § 18.2-36.1(A). Beales, Acting Attorney General, on brief), for appellee. Theisen, Assistant Attorney General (Randolph A. Frucci (Brydges, O'Brien & Frucci, on briefs), Virginia Beach, for appellant.

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